70
218. In this respect, regarding the search for the whereabouts of Mr. José Luis Ibsen
Peña, it has already been established (supra para. 111) that, on August 22, 2006, in the La
Cuchilla cemetery in Santa Cruz, some osseous remains of a cranium, rotulae, humeri,
femur and part of the lower jaw with four teeth were found, from an extraction carried out
with a backhoe with a mechanical arm. On September 5, 2006, the Seventh Civil Court
was informed that the said osseous remains were being examined in the Forensic
Investigations Institute in order to confirm identification. To date, four years later, the
Court has not received any information from the parties about whether the said remains
have finally been identified.
219. In another case against Bolivia, the Court has already indicated that the method
used to locate remains that are presumably human is crucial. Also, that the proper
collection and preservation of such remains are essential conditions for determining what
happened to the victims and, consequently, for the investigation, prosecution and eventual
punishment of those responsible and that the passage of time can have irreversible effects
on the remains when they are not conserved adequately. In this regard, the State should
carry out as soon as possible the necessary expert tests to identify the said remains.255
220. In the instant case, it is evident that the State did not conduct the search to locate
Mr. José Luis Ibsen Peña immediately. Likewise, without prejudging the possible identity of
the person to whom the remains found in La Cuchilla correspond (supra para. 218), it is
also clear that the State did not perform promptly the pertinent analyses to determine or
rule out that they belong to Mr. Ibsen Peña. Moreover, search procedures to locate his
whereabouts have not continued. All this constitutes a clear violation of Article 8(1) of the
American Convention.
221. In this regard, the Court takes into account that during the processing of this case,
the State informed that the Inter-Institutional Council for the Clarification of Forced
Disappearances (“Council for the Clarification of Disappearances”) is currently
implementing a project aimed at clarifying the cases of forced disappearance over the
period of 1964-1982. Said project commenced on February 20, 2008, and is divided into
three phases, the second of which includes the search for those who disappeared during
the government of Hugo Banzer Suárez. The State also specified that this project has been
approved by authorities of the Council for the Clarification of Disappearances and that its
funding is guaranteed, among others, by international cooperation.
222. As previously indicated in relation to another case against the Bolivian State, the
Court positively assesses the general measures adopted by the State regarding the
discovering of the remains of the victims of the forced disappearances occurred in Bolivia
during the 1970s.256 Nevertheless, in the instant case, the effective search for the remains
of Mr. José Luis Ibsen Peña cannot depend only on the actions of the said InterInstitutional Council, because the State’s obligation subsists for the whole procedure. This
means that the State must continue the search for José Luis Ibsen Peña in the most
expedient and effective manner.
223. On the other hand, in this judgment it has already been stated that the case file
reveals that, since February 28, 1983, the National Commission for Investigation requested
255
Cf. Case of Trujillo Oroza v. Bolivia. Monitoring Compliance with Judgment, supra nota 231, Considering
clauses 15 and 16.
256
Case of Trujillo Oroza v. Bolivia. Monitoring Compliance with Judgment, supra nota 231, Considering
clause 19.
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